North Hampton ZBA member opts out of Pledge of Allegiance

NORTH HAMPTON — Newly appointed Zoning Board of Adjustment member Robert Field Jr. sat during the Pledge of Allegiance at the beginning of the Tuesday, May 27 meeting.

Susan Morse

NORTH HAMPTON — Newly appointed Zoning Board of Adjustment member Robert Field Jr. sat during the Pledge of Allegiance at the beginning of the Tuesday, May 27 meeting.

Field said he did so because he doesn't feel reciting the pledge is appropriate for the ZBA, which sits in judgment of other people's business, as in a courtroom.

"It puts those unable to take the pledge, immigrants, foreign nationals, anyone not a citizen of the United States, it places them in a position to feel they will not get a fair shake before the board," said Field, who is an attorney. "I don't think it's appropriate to ask non-nationals to stand up. It's a quasi-judicial board, courts don't take the pledge."

Field has no problem with the pledge, reciting it at Rotary meetings, he said.

"I am a veteran," Field said. "I've had members of my family severely wounded or killed in combat. I served on the Selective Service Board to help returning servicemen and women to get help when they come back from deployment. I am a totally military person, I have served myself in Vietnam."

But another Vietnam veteran, Peter Simmons, attended the meeting and said he was upset by Field's refusal to stand. Field also tried to talk over other board members as they recited the pledge, Simmons said.

Simmons went home that night and tried to watch the baseball game but was agitated over what he saw, he said, especially coming a day after Memorial Day.

"I was extremely upset," Simmons said. "... Anyone who fails to salute the flag doesn't deserve to serve on a board."

Field said he tried to make his point at the beginning of the meeting, prior to the recitation of the pledge.

"I was explaining my position on the pledge when it was begun," Field said. "... In my view, we should not be intimidating the public ... foreign corporations might want to develop a property on Route 1. ... You don't have to be a citizen to own property."

Field tried to make his point at his first meeting as a board member in April, he said.

"I made that clear a month ago in April," he said, "made it clear last night."

The Board of Selectmen appointed Field and Michele Peckham, both lawyers, to the ZBA in April. The board voted 2-1 and 2-0, respectively, with Selectman Craig Salomon voting against Field's appointment.

Selectman Mike Coutu, who serves as the selectmen's representative to the ZBA, voted to appoint Field. He was asked Thursday if he regrets that decision. Coutu said no.

"I'm sure his reasons, while not shared by me, ought to be respected," Coutu said. "It does not in any way affect his ability to evaluate and make significant contribution to the mission of the ZBA."

As of Thursday morning, Coutu said he had received only one call about the matter, but he expects more once the taped meeting is shown on the local cable TV channel.

"My guess is the event is not well known in town," Coutu said. "My guess is when this becomes more broadly known, it may well lead to more additional comments and controversy. It can strike a pretty sensitive chord in people,"

Coutu said he didn't witness the event, as he arrived to the meeting just after the pledge.

"Of course, I heard of it," he said. "I'm not aware that there's any statutory authority (that says) committees or boards have to say the Pledge of Allegiance. It's the choice of the committee."

Coutu lost his son, who was serving in Iraq, in 2005.

"My son Matt fought for the right to disagree," Coutu said. "While I personally do not share the opinion of Mr. Field, I respect his opinion as a right he has as a citizen of our country."

It is up to the ZBA to decide whether to continue the tradition of reciting the pledge, Coutu said. As a non-voting representative to the board, it is not up to him, nor selectmen, to decide, he said.

"I'm not aware of any other committee, including the Board of Selectmen, where the pledge is recited," he said. "My guess is Mr. Field isn't going to change his views. ... It's going to be a continuing matter."

On Tuesday night, Richard Stanton became the new chairman of the ZBA. Richard Batchelder is vice chairman. Stanton replaces John Anthony Simmons, who resigned his seat in April with a year to go in his term.

"That is his right to do that," said Stanton on Field's decision not to stand. "As far as being an issue, I don't think it will be a major problem, at least for me. Townspeople can make their decisions."

On the appropriateness of saying the pledge, he said "I have certain feelings as a veteran. I spent 20 years defending his right to do as he did."

Stanton spent 20 years in the Air Force.

Former ZBA chairman John Anthony Simmons said at his last meeting in April, Field raised the issue of the pledge.

"I continued the tradition," Simmons said. "We had done the saluting of the flag. Right after, we sat down. Before the first order of business, (Field said) 'Excuse me Mr. Chairman, why do we salute flag?' It seemed to me a proper thing to do. I wasn't about to let it become a distraction to the meeting. Several officials said later, 'What was that all about?'"

After the terrorist attacks of Sept. 11, 2001, the Simmons family donated American and New Hampshire flags to the Mary Herbert Conference Room, where selectmen meet and where ZBA meetings were formerly held.

Selectmen used to salute the flag, Simmons said. Town Administrator Stephen Fournier said this has not been done, at least since October when he began working for the town.

"The Pledge of Allegiance is such a manifest part of our culture," Simmons said. "It's the presumption, not the exception. That was our custom in the ZBA."

The ZBA now meets in the music room of North Hampton School.

"The school didn't have a flag in that room," Simmons said. "Several months later I noticed someone had placed a flag in that room."

Simmons, also an attorney, serves as local counsel for the American Center for Law and Justice. The center recently filed a brief in Federal District Court in New Hampshire against a lawsuit brought by Michael Newdow, a California atheist who has challenged "Under God" in the pledge and "In God We Trust" on money.

Simmons said he did not connect Fields' actions to his role in that lawsuit.

"To me, it's not about motivation, it's just about the proper thing to do in a meeting," Simmons said. "As a public servant I took an oath to uphold the laws of the nation and state and all members do that. It seems to me the proper thing to do is to stand, if not cross your heart and recite, at least stand out of respect for those that do. I think it's unfortunate he chose to sit and not participate."

"It puts those unable to take the pledge, immigrants, foreign nationals, anyone not a citizen of the United States, it places them in a position to feel they will not get a fair shake before the board."

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